Misuse of 498A: When the Law Becomes a Weapon, Not a Shield

In our nation, women were once viewed as weak and defenseless, but as times have changed, laws seem to increasingly support women. In this regard, evolving legal definitions in cases of alleged corruption, crimes against women, or physical exploitation have ensured justice for the guilty and led to their punishment. This has fostered the belief that no one can dare commit a crime against women. It is important to highlight domestic violence involving both men and women. Legal rulings favoring women who are victims of domestic violence have largely established that men perpetrate crimes against women, often forcing them out of marital and family life. A significant issue today is that impoverished men are also falling victim to domestic violence, yet there is no law to safeguard their interests. In this context, the misuse of section 498A is also on the rise.

For instance, the spouse of industrialist Mr. X has repeatedly embarrassed him at social gatherings by requesting an extra allowance of Rs. 1 lakh each month. The wife, who holds a master's degree, has returned to her parental home with their two children, demanding a property in her name from her husband and is now threatening divorce. Another officer's wife insists on having her parents and brother live permanently in her husband's house and is threatening legal action. These are minor instances of domestic violence where husbands face harassment. There are countless such cases where husbands are troubled by their wives, and they too require protection, yet legal rulings have not established significant precedents in this area. Numerous discussions have highlighted instances where women extort money from men, labeling it as blackmail. The Supreme Court has even issued a landmark ruling that prevents the arrest of husbands or in-laws for two months following a woman's complaint in dowry cases.

Instances of domestic violence have highlighted the misuse of Section 498A by women, involving blackmailing of husbands or their families. In a recent landmark ruling, the Supreme Court declared that there will be no arrests for two months under Section 498A of the IPC, which pertains to cruelty towards married women in matrimonial disputes. The Supreme Court endorsed the establishment of a family welfare committee and the measures outlined in the Allahabad High Court's decision on June 13, 2022, to prevent misuse. The apex court instructed that the High Court's guidelines will remain effective and should be adhered to by officials. This order was issued by a bench comprising Chief Justice BR Gavai and Justice AG Masih on July 22.

Section 498A of the IPC classifies cruelty towards a wife by her husband or his relatives as a criminal offense. This law is frequently cited in situations involving cruelty towards women, yet it has not been applied in instances where men suffer cruelty in marriage. However, significant rulings favoring men have not been highlighted as precedents.

Men must demonstrate that the spouse's cruelty is significant enough to be covered by the IPC provisions. For instance, if a man experiences dowry-related harassment or continuous physical abuse from his wife or in-laws, he can file a case under Section 498A. However, in these situations, men often withdraw due to the circumstances and lengthy legal procedures. The system allows a man facing physical or emotional abuse from his wife to seek a protection or residence order from the court. Although the law primarily aims to protect women, it does not exclude men, yet men often struggle to obtain justice swiftly. In the 90s, the Patni Pratirth Purush Samiti operated near Panchkuiyan Road in Delhi for several years before closing down. Men's Helpline India is a service that assists men with domestic violence issues, offering legal aid and counseling. Ultimately, men frequently encounter social stigma when reporting domestic violence.

In numerous discussions, it is often mentioned that a man who is physically assaulted by his wife might hesitate to report the abuse to the authorities due to societal pressure and possible humiliation. Even today, many men remain unaware of their legal rights concerning domestic violence. If a man is being blackmailed by a woman and seeks assistance from a domestic violence helpline, he should receive immediate support. Men should be informed about their rights in such situations and assured that their complaints will be acted upon. The notion that women are typically victims of men's violence needs to be revised, as men also endure severe violence from women. Men should be granted equal legal status. The recent Supreme Court statement is significant, as it includes a provision preventing the arrest of a man for a month following a woman's complaint.